Can You File Form I-539 to Change Status During a Government Shutdown?

(UNITED STATES) Applicants can keep filing Form I-539, Application to Extend/Change Nonimmigrant Status to change or extend nonimmigrant status during a government shutdown, and U.S. Citizenship and Immigration Services remains open for business. As of October 1, 2025, USCIS says it continues core work because it is largely fee funded, so USCIS operations go on even when Congress has not passed new spending. That means change‑of‑status requests such as moving from F‑1 to H‑4, or from B‑2 to F‑1, may still be accepted and processed despite a funding lapse. While some federal agencies pause or scale back during a shutdown, USCIS’s fee model allows it to keep adjudicating many cases, including those filed on Form I-539.

USCIS’s ability to run on application fees matters for families, students, and employers who would otherwise face gaps in status. People on student visas seeking to shift to a dependent category, or visitors seeking to begin a course of study, depend on steady case intake to avoid falling out of lawful status. According to analysis by VisaVerge.com, applicants routinely ask whether a lapse in federal funding blocks new filings; in this context, the clear answer for Form I-539 is that filings may continue during a shutdown.

Policy continuity during funding gaps

USCIS is not immune from the broader climate of a federal closure, but its primary funding source is different. The agency relies on fees paid by applicants and petitioners, rather than annual appropriations for most functions. As a result, USCIS operations continue during a government shutdown, and the agency keeps taking in and processing the change‑of‑status applications it normally handles.

The Form I-539, Application to Extend/Change Nonimmigrant Status, is the standard tool for these requests, and USCIS continues to accept the form during a shutdown.

• Processing times may vary: The agency notes that timing can change and delays are possible when the government is shut down.
• Connected processes can be affected: Parts of the federal system outside USCIS, such as the Department of Labor or some functions of the Department of State, may slow down and create ripple effects.

The practical result is straightforward. People who need to file to extend or change their nonimmigrant stay should not wait for a shutdown to end. Filing before your current status expires remains essential. A pending, timely Form I-539 can help protect a person from lapses while USCIS reviews the case.

During past funding lapses under different administrations, this fee‑funded model has allowed USCIS to maintain continuity. Whether the debate happened under President Trump or President Biden, the agency’s message about fee‑funded work has been consistent: intake and adjudications that rely on fees keep going.

Practical steps and applicant impact

The core guidance during a shutdown is simple:

1. File Form I-539
   • Applicants can submit the change‑of‑status or extension request using the official form.
   • Find the form and filing instructions on the USCIS website at Form I-539, Application to Extend/Change Nonimmigrant Status.
2. Stay in valid status
   • File before your current status ends. USCIS requires that you be in valid nonimmigrant status when you apply, and the timing of your filing matters.
3. Watch processing times
   • While USCIS operations continue, the agency cautions that processing times may vary, and delays are possible.
   • Check posted estimates on the official USCIS Case Processing Times page.

This guidance applies to common change paths and extensions:

• F‑1 to H‑4 (dependents of certain workers)
• B‑2 to F‑1 (visitors beginning studies)
• Extensions within the same nonimmigrant category

In all cases, the applicant is responsible for meeting eligibility rules and filing by the correct date.

Applicants often worry that a shutdown will block new filings. For Form I-539, that is not the case. The system remains open because of the fee funding model. However, the broader government slowdown can still ripple into some steps.

Applicants should monitor case updates and respond promptly to agency notices. If USCIS issues a request for evidence (RFE), respond by the deadline on the notice to avoid further delay or denial.

Tips and checklist for filing during a shutdown

Follow a steady, step‑by‑step approach to reduce stress and risk:

• Confirm your current status end date.
• Review the Form I-539 instructions carefully.
• Gather required evidence and supporting documents.
• Submit the correct filing fee and the completed form.
• Keep your receipt notice in a safe place.
• Track your case online and watch posted processing‑time updates.

This checklist works the same way whether Washington is open or shut. A pending application that was filed on time keeps your place in line and can help you avoid falling out of status while the case is pending.

Key takeaways and warnings

• USCIS remains open during a shutdown and continues to accept and adjudicate fee‑funded filings such as Form I-539.
• File on time — timely filing is the anchor that protects status while the case is pending.
• Delays are possible because other federal agencies or interconnected processes may slow down.
• If your timeline is tight, file now rather than waiting for the political process to resolve.

By continuing operations during funding gaps, USCIS reduces the chance of gaps that could force people to depart or interrupt studies or employment. Plan ahead, follow instructions, and keep records of your filing and any agency correspondence.